Mr. Gesser is a partner in Davis Polk’s Litigation Department. He represents clients in a wide range of cybersecurity issues, enforcement and investigation matters, and complex commercial litigation.

As a principal member of Davis Polk’s Cybersecurity and Data Privacy practice, Mr. Gesser has substantial experience advising clients on compliance with various cybersecurity regulations, enhancing cybersecurity policies, procedures, training and governance, cloud migration, and data minimization, as well as cybersecurity risk disclosures and due diligence. He advises clients who have experienced data breaches and ransom-related cyber incidents, and has conducted internal investigations relating to cybersecurity events, such as phishing/spoofing attacks, and represented companies in related civil litigations and regulatory investigations. Mr. Gesser was recently retained by a global financial services firm in connection with a sophisticated attack on their computer system, as well as several international financial institutions on complying with the New York Department of Financial Services cyber regulations. He is also a frequent commentator on cybersecurity issues and the primary author of the Davis Polk Cyber Blog.

Mr. Gesser also represents companies and financial institutions in investigations relating to anti-money laundering, sanctions, and FCPA compliance. He has been advising several U.S. and international financial institutions in connection with cross-border tax investigations conducted by DOJ, the SEC and the New York Department of Financial Services, and with the subsequent enhancement of their compliance polices.

Mr. Gesser was a former Counsel to the Chief of the Justice Department, Criminal Division’s Fraud Section, which oversaw more than 100 federal prosecutors and was the Deputy Director of the Justice Department, Criminal Division’s Deepwater Horizon Task Force, where he was responsible for its operations, which included 12 prosecutors and dozens of agents.

Work Highlights

Advising a major media company on responding to a ransom demand and threat to disclose sensitive company electronic information

Representing a major financial services company in connection with a cybersecurity breach, including:

Investigating the causes of the breach;

Working with forensic experts to assess whether data was accessed, identifying the intruder, ensuring that any vulnerabilities have been remediated and the intruder has been completely removed from the system;

Determining regulatory and contractual disclosure obligations; and

Briefing auditors, insurers and regulators on the events.

Representing major financial institutions in investigations being conducted by DOJ, SEC and NYDFS relating to evasion of U.S. taxes by their customers

Served as a lead negotiator of a multiyear comprehensive agreement between a global tobacco company and multiple non-U.S. governmental bodies related to international trade issues

Represented corporations and individuals in various investigations that have been resolved favorably prior to trial (either via deferred prosecution agreement or because no action was taken at the conclusion of the investigation)

Represented Delta Air Lines and the Minneapolis Star Tribune in bankruptcy litigation, including several trials, in their Chapter 11 restructurings

Recognition

Mr. Gesser is the recipient of numerous awards and has been recognized for his work in the legal profession, including: